In the matter of Northern Minerals Limited [2023] NSWSC 1568

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Northern Minerals Limited [2023] NSWSC 1568 Hearing dates: 11 December 2023 Date of orders: 11 December 2023 Decision date: 11 December 2023 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made extending the period in which the company must call a meeting requested by a shareholder, to travel with an extension of the date of the annual general meeting. Catchwords: CORPORATIONS — Meeting of members — Request for meeting by shareholder — Where the Commonwealth of Australia has prohibited that shareholder from acquiring further interests in the company — Where the Foreign Investment Review Board is investigating further acquisitions of shares in the company — Whether the Court should make an order extending the period by which the company must call the requested meeting while that investigation is pending. Legislation Cited: - Corporations Act 2001 (Cth), ss 203D, 249D, 249E, 250P, 1322 - Foreign Acquisition and Takeovers Act 1975 (Cth), s 67 Cases Cited: - National Roads & Motorists Association Ltd v Parkin (2004) 49 ACSR 386; [2004] NSWSC 296 - NRMA Insurance Group Ltd v Spragg (2000) 161 FLR 243; 38 ACSR 174; [2001] NSWSC 381 - Oil Basins Ltd v Bass Strait Oil Co (2012) 91 ACSR 700; [2012] FCA 1122 - Re Insurance Australia Group Ltd (2003) 128 FCR 581; 45 ACSR 702; [2003] FCA 581 - Woolworths Ltd v GetUp Ltd [2012] FCA 726 Category: Principal judgment Parties: Northern Minerals Limited (Plaintiff) Yuxiao Fund Pte Ltd (Defendant) Representation: Counsel: M Izzo SC (Plaintiff) J Roby (Solicitor) (Defendant)